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(영문) 대전지방법원 천안지원 2014.06.11 2014고합31
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

Reasons

Punishment of the crime

1. On April 29, 2008, Defendant A stated that “A’s sole criminal defendant has the right to process the articles seized by the NIS to the victim U with the Government approval from the Government,” at the second floor in the Seocho-gu Seoul Sbuilding T office, Seoul Seocho-gu, Seoul, 200 million won, including the principal, if he/she lends 40 million won to the Government for purchase cost.”

However, the defendant did not have the above authority or ability to repay money from the victim even if he borrowed money from the victim due to the lack of such authority or ability.

The Defendant, as such, by deceiving the victim, received 40 million won from the victim as the borrowed money, namely, from the victim.

2. Defendant A, along with Defendant B, who was a member of the business management directors of the Donnam-gu Seoul Special Metropolitan City (State) W in Y. Defendant A was committed as if he had the ability to receive construction works in a friendly relationship with the senior personnel of the president and the Jung-gu Special Metropolitan City. Defendant B, as a member of the business management directors of the Do YW, was a friendly relationship with the victim X operating the Do W, using the friendly relationship with the victim X who actually operated the Do W, Defendant A conspired the victim to believe that Defendant A was a person who has the ability to receive construction works in a friendly relationship with the senior personnel of the president and the Jung-gu Special Metropolitan City, and to receive money from the victim.

The Defendants of the crime committed around January 29, 2010 conspired as above, and accordingly, Defendant B is a person who has relations with the senior personnel of the President and the due diligence at the State W Office around January 13:00 on January 29, 2010.

A shall be in line with the mold of the gold bullion in the Bank of Korea, and a fake cost is entered into the mold.

To this extent, the transfer of the cost of KRW 15 million is to be returned after the week of the transfer.

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